Floor Clauses

Floor Clauses

There is much talk of them, but some still do not know what these unfair terms are, how they affect you and how to end it: in OCU let things clear and we help you combat the floor clauses, going to court. # Movilízate with us.

WHAT IS THE FLOOR CLAUSE?

Clauses limiting the interest rate, known as ground clauses are clauses that some financial institutions incorporated in their contracts of mortgage loans at variable interest, setting a minimum interest payable even if the sum of the benchmark plus differential is under.

Low levels of Euribor in recent years have opposed highlighted the serious damage suffered by consumers to have a floor in their contracts clause, as they cannot take advantage of quota reductions to which they would be entitled by fluctuating rates interest, and ultimately they pay more for the loan.

WHAT IF I DO NOT HAVE ALREADY MORTGAGE?

While most land loans are still in force, some have finished paying off the loan or have been making prepayments. Having finished paying the loan does not mean giving to claim the amounts paid more.

The courts are giving the reason to consumers who are demanding a refund of the overpaid for already completed loans. Is it your case? Do not give up what is yours: we help you claim although you have finished paying the mortgage.

Ground clauses: the economic considerations on the right of consumers are prioritized.

The Supreme Court, in its judgment of 9 May 2013, established that the floor clauses, if they were not transparent, were not valid. But in that judgment, to prevent banks have to return money to consumers, it decided not to apply the principle of retroactivity floor clauses. At the time literally he said that “it is known that the retroactivity of the judgment would create the risk of serious difficulties with significance to the economic public order.” Thus, the Supreme We placed the economic interests of the entities to the affected consumers, who are entitled to them cease to apply immediately floor clause and recover the money overcharged … but only from that sentence.

Now, the report of the Advocate General of the Court of Justice of the European Union is aligned with the thesis of the Supreme Court, denying the right to recover all their money to consumers harmed by the clause floor.

It is not binding

Advocate General not binding on the Court of Justice of the European Union, which is who should ultimately decide on this matter.

Since OCU hope that the judges who make up the tribunal, which are now beginning their deliberations, put aside political arguments and limited to applying the law, a law which clearly states that the nullity of a clause implies annul it as if It never existed … which means benefits restore the initial moment.

OCU combat soil clauses

Even in the worst case, if the ECJ up this criterion, the soil will remain clause abusive and consumers are still entitled to a refund of overpaid amounts from 9 May 2013.

Is it your case? Are you a clauses affected by soil?

We help you get your money back: Find out about the steps to claim what it is yours.